Allahabad High Court
CHAKRADHARI YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The High Court may issue an innocuous order under Section 529 CrPC directing expeditious disposal of a pending criminal case without issuing notice to all opposite parties.
Summary
Chakradhari Yadav filed an application under Section 529 of the Criminal Procedure Code seeking a direction to the Upper Civil Judge (Junior Division) in Jaunpur to dispose of a pending criminal case (Misc. Case No. 765 of 2020) expeditiously. The applicant argued that the case had been pending for an inordinate period without reaching a conclusion. The State, represented by the Additional Government Advocate, raised no objection to expediting the matter. The High Court, noting the long pendency and the State’s consent, directed the trial court to decide the case preferably within one year of the certified copy of the order, barring undue adjournments. The Court treated the order as innocuous and disposed of the application without issuing notice to the other opposite parties, allowing them to approach the Court if aggrieved.
Issues considered
- Whether the High Court can issue an order under Section 529 CrPC directing a trial court to dispose of a pending criminal case within a specified time frame.
- Whether notice to all opposite parties is required for such an order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Indian Penal Code — s. 166, 167, 323, 504, 506
Subjects
- expedited trial
- section 529
- case management
- pendency
- high court order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2269 of 2026
Chakradhari Yadav
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Yadav, Hemant Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
Heard learned counsel for the applicant and learned A.G.A. for the State
and perused the record.
The instant application has been preferred by the applicant with a prayer
to direct the Upper Civil Judge (Junior Division) 3rd Jaunpur, to decide
the Misc. Case No. 765 of 2020 (New Case No.303 of 2021)
(Chakradhari Yadav Vs. Ram Sundar Maurya & Others) under Sections
166, 167, 323, 504 & 506 of I.P.C. P.S.- Navediya, District- Jaunpur,
pending in the court of Upper Civil Judge (Junior Division) 3rd, Jaunpur.
Learned counsel for the applicant submitted that present case is pending
since long and the case has not culminated to its logical conclusion.
Learned A.G.A. has no objection if the matter be expedited in the interest
of justice.
Keeping in view the period of pendency of the case, it is directed that the
learned trial court shall make all endeavour to decide this case
expeditiously preferably within a period of one year from the date of
production of certified copy of this order, if there is no legal hurdle,
without permitting undue adjournments to either sides.
With this direction, this application is disposed of without issuing any
notice to O.P. Nos. 2 and 3 as it is an innocuous order. If the O.P. Nos. 2
and 3 feels aggrieved, he may approach this Court.
(Prashant Mishra-I,J.)
May 6, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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